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27 November 2008
Issue: 7347 / Categories: Legal News , Damages , Insurance / reinsurance , Personal injury , Commercial
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Daylight in asbestos fight

Victory at last for asbestos sufferers in landmark battle for justice

A victory in the High Court for victims of asbestos related disease has removed the contradictions in the arguments of insurance firms and provided fairness for the claimants, say lawyers.

The case stemmed from the refusal of insurers to pay out in mesothelioma claims after the ruling in Bolton MBC v Municipal Mutual Insurance Ltd [2006] All ER (D) 66 (Feb), where it was held that in public liability insurance, the policy was triggered by the development of the disease—an argument insurers claimed should also be applied to employers’ liability claims.

However, in the “Employers’ Liability Policy ‘Trigger’ Litigation”, Mr Justice Burton found that the injury was sustained when it was caused and so the policies should be construed as such.

Peter Taylor, partner in the insurance and reinsurance practice at Lovells, says the ruling is a landmark in the long battle between the UK claimants and their employers’ insurance companies.

“Burton J found that exposure or the ‘date of inhalation’

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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